Why Would Export Controls Apply to Foreign National Visitors at the Lab?
Under U.S. export regulations, transfers of technical data and software to foreign nationals in the U.S. are considered “exports” of the technology to their home country. These are also called “deemed exports ”. Depending on the technology and the home country, an export license from the federal government may be required prior to providing access.
When Might you Have a Deemed Export Problem?
Sharing technical data or software which is not publicly available could be deemed “exported” if shared with foreign nationals.
Do you Work With Industry, Other DOE Labs, or Government Agencies who Provide Technical Data or Software Subject to Confidentiality (NDA) or Access Restrictions?
If the answer is yes, some of your work, labs, or networks may be off-limits to foreign nationals. See Receipt or Generation of Confidential, Sensitive or Proprietary Information.
Visitor Screening at LBNL
DOE Order 142.3A, Unclassified Foreign Visits and Assignments
DOE Order 142.3A requires vetting and approval of all foreign national visitors to national labs like LBNL, with heightened scrutiny for visitors from sensitive countries accessing sensitive subjects/technology. For more information on compliance with this Order, visit LBNL’s Foreign Visits and Assignments webpage.
Export Control Screening
In addition to the vetting performed by LBNL Foreign Visits and Assignments (FVA), all visitors should be screened against export control watchlists to ensure they are not entities that should be barred entry to LBNL (see Restricted Party Screening ). This screening should be performed by the division using Visual Compliance prior to extending an invitation to the visitor, to avoid delays at the security gate, or even worse, loss of travel time and costs if they end up being turned away after arriving onsite.
IMPORTANT: There are no exceptions to vetting and screening of visitors prior to entry to LBNL sites or facilities. Even attendance at “public events” at LBNL requires FVA vetting and restricted party screening.